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HomeMy WebLinkAboutORD NO 4038ORDINANCE NO. ~: 0 3 8 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 101-12 BY CHANGING THE PREZONING FROM AN E (ESTATE) ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE ON 1t7.08 ACRES, LOCATED GENERALLY NORTH OF REINA ROAD TO SNOW ROAD, BETVVEEN ALLEN ROAD AND JEWETTAAVENUE. (ZC # P01-0520). (WARD 4) WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Bakersfield Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the land use zoning of those certain properties in the City of Bakersfield or being annexed to the City of Bakersfield, generally located north of Reina Road to Snow Road, between Allen Road and Jewetta Avenue; and WHEREAS, by Resolution No. 122-01 on September 20, 2001, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Bakersfield Municipal Code to approve R-1 (One Family Dwelling) zone as delineated on attached map marked Exhibit "B", to this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which warranted a Negative Declaration and changes in the prezoning of the subject property from E (Estate) to R-1 (One Family Dwelling) zone and the Council has considered said findings and all appear to be true and correct; and WHEREAS, for the above-described project, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment, therefore, a Negative Declaration was prepared for the project in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the applicant has agreed to implement all mitigation measures identified in the environmental analysis contained within the Negative Declaration for the proposed project; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, the Planning Commission and this Council; and WHEREAS, a Negative Declaration was prepared for the proposed project and was advertised and posted in accordance with CEQA; and WHEREAS, the site is the subject of an annexation that is being processed; and WHEREAS, the general plan designation for this area allows single family residential, subject to prior approval of General Plan Amendment No. P01-0520 as recommended by the Planning Commission; and WHEREAS, the City Council has considered the project proposal and hereby makes the following findings: 1. All above recitals are true and correct. 2. All required notices have been given. The provisions of the California Environmental Quality Act (CEQA) have been followed. Based on the initial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Negative Declaration was prepared and sent to responsible agencies and a notice of public hearing was sent to property owners within 300 feet of the project site. The Negative Declaration was prepared for the proposed project in accordance with CEQA. 5. That this project was the subject of a Negative Declaration. That the applicant by prior written agreement agreed to comply with all adopted mitigation measures contained within the negative declaration. That the Negative Declaration for Zone Change No. P01-0520 is recommended for approval by the Planning Commission. That this project was the subject of a Negative Declaration and the entire environmental record is hereby adopted and incorporated herein by reference. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the proposed development. 10. The project site is being annexed to the City of Bakersfield. 11. The public necessity, general welfare and good zoning practice justify the recommended change of prezone to R-1 (One Family Dwelling) zone on 117.08 acres generally located north of Reina Road to Snow Road, between Allen Road and Jewetta Avenue. 12. The project site, with prior approval of General Plan Amendment No. P01-0520 as recommended by the Planning Commission, is designated LR (Low Density Residential) on the Metropolitan Bakersfield 2010 General Plan Land Use Plan. 13. The recommended Zone Change No. P01-0520 will reflect the previously recommended General Plan Amendment No. P01-0520. 14. The recommended zone change is compatible with the surrounding uses. 15. The recommended zone change is consistent with the Metropolitan Bakersfield 2010 General Plan, subject to prior approval of General Plan Amendment No. P01- 0520. 2 16. 17. follows: 1. 6. 7. 8. 10. That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield is recommended by the Planning Commission for amendment by changing the land use zoning from E (Estate) to an R-1 (One Family Dwelling) zone on 117.08 acres generally located north of Reina Road to Snow Road generally between Allen Road and Jewetta Avenue. That Zone Change No. P01-0520, as outlined above, has been recommended by the Planning Commission for approval with mitigation and conditions of approval, subject to prior approval of General Plan Amendment No. P01-0520. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as The above recitals and findings are true and correct and constitute the findings of the City Council in this matter. All required notices have been given. The provisions of the California Environmental Quality Act (CEQA) have been followed. Based on the initial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A notice for a proposed Negative Declaration was prepared and sent to responsible agencies and property owners within 300 feet of the project site. A Negative Declaration was prepared for this project in accordance with CEQA. That this project was the subject of a Negative Declaration and the entire environmental record is incorporated herein by reference. That infrastructure exists or can easily be provided to accommodate the types and intensities of the proposed development. That the project site is being annexed to the City of Bakersfield. The public necessity, general welfare and good zoning practice justify the recommended change of zone to an R-1 (One Family Dwelling) zone on 117.08 acres located generally north of Reina Road to Snow Road, between Allen Road and Jewetta Avenue. The site, with prior approval of General Plan Amendment No. P01-0520, is designated LR (Low Density Residential) on the Metropolitan Bakersfield 2010 General Plan Land Use Plan. The recommended Zone Change No. P01-0520 will reflect the previously adopted General Plan Amendment No. P01-0520 and intent of the Planning Commission's discussion at the September 20, 2001, public hearing. 11. The recommended zone change is compatible with the surrounding uses. 12. The recommended zone change is consistent with the Metropolitan Bakersfield 2010 General Plan, subject to prior approval of General Plan Amendment No. P01-0520. 13. That the applicant by prior agreement agreed to comply with all adopted mitigation measures contained within the Negative Declaration for the project proposal. 14. That Zone Change P01-0520 is herebyapproved to R-1 (One Family Dwelling)zone with mitigation measures adopted in the Negative Declaration. 15. That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be amended by changing the land use zoning from E (Estate) to an R-1 (One Family Dwelling) zone on 117.08 acres as shown on Map No. 101-12 attached hereto as Exhibit "B", of that certain properly being annexed to the City of Bakersfield as described in Exhibit "C" attached hereto. 16. That Zone Change No. P01-0520, as outlined above, is hereby approved with mitigation and conditions of approval shown on Exhibit "A", subject to prior approval of General Plan Amendment No. P01-0520. SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on NOV 2 $ 2001 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER COUNClLMEMBER COUNCILMEMBER CITY CLERK and Ex OfficiO/Clerk of the Council of the City of Baker§field MORE SIGNATURES ON FOLLOWING PAGE 4 APPROVED NOV 2 8 2001 MAYOR of the City of Bakersfield APPROVED as to form: BART City Attorney~ tI/ By: ,, Exhibits: A. Mitigation and Conditions. B. Zone Map No. 101-26. C. Legal Description MO:pah S:\GPA3rd Qtr 200%P01-0520\Resolutions\CC zc ord.wpd November 15, 2001 EXHIBIT A CONDITIONS - MITIGATION MEASURES General Plan Amendment/Zone Change No. P01-0520 Archaeological: No archaeological resources were identified on the site. However, if archaeological resources are encountered during the course of land modification and or construction, then activities in the immediate area shall halt and a qualified archaeologist shall be consulted for further evaluation. Any recommendations from the qualified archaeologist shall be preformed prior to resuming construction. (Mitigation Measure) Water Resources: If water service requirements exceed the capability of the California water Service Company's existing facilities or if the extension of facilities is necessary, service would be provided in accordance to Rule 15 of the State Public Utilities Commission Rules and Regulations. (Mitigation Measure) Seweraqe: The project site is within the boundaries of County Service Area 71 and the North of River Sanitary Districts's regional wastewater treatment plant has the capacity to serve the project site subject to payment of applicable fees and adherence to District specifications. (Mitigation Measure) Geothermal Resources: Compliance with the requirements of the Department of Conservation/Division of Oil Gas and Geothermal Resources with respect to existing plugged and abandoned wells on the project site. (Mitigation Measure) Public Works: Since the proposed land uses are consistent with uses allowed in the Western Rosedale Specific Plan, the changes are also consistent, from a traffic impact standpoint. A letter is on file from the County Road Department director providing evidence that these impacts are currently addressed by the Regional Transportation Impact Fee program and hence no further study is required for this GPA. (Condition) On the above basis, the improvements provided in the Regional Traffic Impact Fee program will satisfactorily mitigate traffic impacts with the changes proposed. Based upon this information and the June 12, 2001, letter from Centex Homes, we recommend the conditions of approval include the following: For all areas within the annexation and GPNZC boundaries, all development will be subject to the current Regional Traffic Impact Fee in place at time of development. (Condition) If irrigation canals or ditches will be within the ultimate street rights of way, then the applicant shall relocate and/or pipe the existing irrigation canals or ditches. An irrigation line will n.0t:be: allowed in the road right-of-way, but must be located outside the right-of-way in the lan?,s~ape easement or on private property. (Condition) ~-- GPNZC P01-0520 Exhibit A Condition-Mitigation Page 2 Whenever any road crosses any canal within this project area, the applicant shall construct the culvert, bridge, etc. full width to the ultimate width of the roadway within the project area. (Condition) With the first tentative map submittal, site plan review, application for a lot line adjustment, or other development approval within the GPA/ZC area, the applicant shall provide fully executed offers of dedication for Jewetta Avenue, Allen Road, and Kratzmeyer Road to arterial standards for the full frontages of the GPNZC areas. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. submit a comprehensive drainage study to be reviewed and approved by the City Engineer. Drainage areas for retention basins are normally not less than 80 acres. (Condition) Access to arterial streets will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access points (streets or drives) will also be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. (Condition) City Council The residential lots within the Zone Change P01-0520 area shall have a minimum lot size of 7,200 square feet. 2. All lots located along a cul-de-sac street shall have a radial design. (Note: City Council condition numbers one (1) and two (2) were agreed to by the applicant during the City Council public hearing of November 14, 2001). S:\GPA 3rd Qtr 2001\P01-0520\Staff Report,Admin\Condi, Mitigation.wpd m CITY OF BAKERSFIELO ZONING MAP 101-12 SEC 12 T 29s R 26 t LEGEND EXHIBIT "C" Parcel A of Kern County Lot Line AdJustment No. 51-00 recorded Septcmber 27, 2000 as document No. 0200120365, being portions of Parcels 1, 2 and 4 of Parcel Map No. 9826 as recorded in Book 44 of Parcel Maps at Pages 131 and 132 of Kern County Records, in the Northeast qual~er of Section 12, Township 29 South, Range 26 East, Mount Diablo Base and Meridian, in the County of Kern, State of California described as follows: Commencing at the Northeast comer of said Parcel 1, smd point being the True Point of Beginning; Thence North 89° 17' 53" West along the North line of said Parcels 1 and 2 and said Section 12, 2639.74 feet to the Northwest comer of said Parcel 2; Thence South 0° 49' 33" West along the West line of said Parcel 2, 660.20 feet; Thence South 89° 18' 22" East, 1212.30 feet to the beginning ora curve concave to thc southwest having a radius of 170.00 feet; Thence southeasterly along said curve through a central angle of 12° 50' 19" an arc length of 38.09 feet to a point on reverse curve concave to the northeast having a radius of 230.00 feet; Thence southeasterly along said curve through a central angle of 12° 50' 19" an arc length of 51.54 feet; Thence South 89© 18' 22" East, 14.04 feet; Thence South 0° 41' 38" West, 1020.00 feet to the Northwest comer of Tract No. 5829 - Unit 1, filed for record in Book 45 of Maps at Page 43 through 45 in the office of the Kem County Recorder; Thence South 89° 18' 22" East along the North line of said Tract 5829 - Unit 1, a distance of 1322.04 feet to the Northeast comer of said Tract No. 5829 Unit 1; Thence North 0© 49' 45" East along lhe East line of said Section 12, 1689.83 feet to the Tree Point of Beginning. Excepting therefrom the North 250.00 feet thereof. Also excepting therefrom the East 30.00 feet (Jewetta Road) thereof. Zone Change Tract 5829 - Montara/Centex Quad Knopf, Inc., 6/13/01 C:XProjects~001\01107~Docs\Montara Zone Legal.doc Page I of 2 EXHIBIT "C" Parcel 7 and 8 of Parcel Map No. 9826 as recorded in Book 44 o£Parccl Maps at Pages 131 and 132 of Kern County Records, in thc Southwest qua~er of Section 12, Township 29 South, Range 26 East, Mount Diablo Base and Meridian, in the County of Kern, State of California. Excepting therefrom Tract 5831, Unit One as recorded in Book 45 of Maps at Pages 117, 118 and 119 of Kern County Records. Also excepting therefrom the North 30.00 feet (Olive Drive) thereofi Also excepting therefrom the West 30.00 feet (Allen Road) thereof. Also excepting therefrom the Southeast quarter of said Parcel 7. Zone Change Tract 5831 - BelseraJCentex Quad Knopf, Inc., 6/13/01 C:~ProjectsX200[\01107XDocsXBelsera Zone Legal.doc Page 2 of 2 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 29th day of November , 2001 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4038 , passed by the Bakersfield City Council at a meeting held on the 28th day of November 2001 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING TITLE SEVENTEEN OF THE BAKERSIFELD MUNICIPAL CODE AND ZONING MAP NO. 101-12 BY CHANGING THE PREZONING FROM AN E (ESTATE) ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE ON 117.08 ACRES, LOCATED GENERALLY NORTH OF REINA ROAD TO SNOW ROAD, BETWEEN ALLEN ROAD AND JEWETTA AVENUE. (ZC P01-0520) /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield BY~rk